Citation Nr: 9904221
Decision Date: 02/16/99 Archive Date: 02/24/99
DOCKET NO. 97-10 506 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Medical & Regional Office
Center in Sioux Falls, South Dakota
THE ISSUE
Entitlement to service connection for a back disability.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
Milo H. Hawley, Counsel
INTRODUCTION
The veteran had active service from December 1992 to July
1996.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from an October 1996 decision by the
Department of Veterans Affairs (VA) Medical & Regional Office
Center (RO) in Sioux Falls, South Dakota.
The appeal was previously remanded by the Board in May 1997.
FINDING OF FACT
The claim of entitlement to service connection for a back
disability is not plausible.
CONCLUSION OF LAW
The claim of entitlement to service connection for a back
disability is not well grounded. 38 U.S.C.A. § 5107(a) (West
1991).
REASONS AND BASES FOR FINDING AND CONCLUSION
The threshold question is whether the veteran's claim of
entitlement to service connection for a back disability is
well grounded under 38 U.S.C.A. § 5107(a). A well-grounded
claim is a plausible claim that is meritorious on its own or
capable of substantiation. Murphy v. Derwinski, 1 Vet. App.
78, 81 (1990). There must be more than a mere allegation,
the claim must be accompanied by evidence that justifies a
belief by a fair and impartial individual that the claim is
plausible. Tirpak v. Derwinski, 2 Vet. App. 609, 611 (1992).
Moreover, where a determinative issue involves a diagnosis or
a medical causation, competent medical evidence to the effect
that the claim is plausible is required. Grottveit v. Brown,
5 Vet. App. 91, 93 (1993). Espiritu v. Derwinski, 2 Vet.
App. 492, 494-95 (1992). In order for a claim to be
considered well grounded, there must be evidence both of a
current disability and of an etiological relationship between
that disability and service. Caluza v. Brown, 7 Vet. App.
498, 506 (1995); Brammer v. Derwinski, 3 Vet. App. 223, 225
(1992); Rabideau v. Derwinski, 2 Vet. App. 141, 143 (1992).
Service connection may be established for a disability
resulting from personal injury suffered or disease contracted
in line of duty, or for aggravation of a preexisting injury
suffered or disease contracted in line of duty. 38 U.S.C.A.
§ 1110 (West 1991); 38 C.F.R. § 3.303 (1998). The law also
provides that service connection may be granted for any
disease diagnosed after discharge when all the evidence,
including that pertinent to service, establishes that the
disease was incurred in service. 38 C.F.R. § 3.303(d).
Service medical records reflect that the veteran was seen in
February 1996 with complaints of a sore back of a two-week
duration. The assessment was muscle strain. He was seen
agan in early March 1996 with complaints of midthoracic pain.
X-rays of the thoracic spine revealed prominent anterior
marginal bony osteophytes unassociated with disc width
narrowing or other bony abnormality and there was no
significant thoracic vertebral abnormality. The assessment
was thoracic mechanical pain. When seen again in mid March
1996, the veteran reported occasional sharp pain, but
otherwise no pain since the prior visit. The assessment was
goals attained. Remaining service medical records are silent
for complaint, finding or treatment with respect to any back
disability.
A September 1996 VA outpatient treatment record reflects that
the veteran complained of thoracic pain, especially with
driving or standing in one place. The assessment was
musculoskeletal discomfort.
The report of an October 1996 VA examination reflects that
the veteran described continuous, dull, aching, low thoracic
and/or upper lumbar spine pain. The assessment included low
back pain, intermittent, mechanical in origin secondary to
transitional fifth lumbar vertebra.
A February 1997 VA outpatient treatment record reflects that
the veteran experienced severe pain in his mid back after
lifting a child on the prior weekend. X-rays indicated no
acute disabilities and the assessment was probable thoracic
strain. A March 1997 VA outpatient treatment record reflects
that the back pain had resolved and X-rays were negative.
The assessment was status post thoracic strain.
The report of a March 1998 VA fee-basis examination reflects
that the veteran reported having an ache in the middle of his
back since March 1996. The examiner indicated that extensive
records had been submitted and reviewed, including reports
concerning a December 1996 Air National Guard examination
that indicated that the veteran's spine and back and
neurological examination were normal. The examiner indicated
that on examination, the complete spine was entirely normal.
The examiner saw no objective evidence that the problems that
were present in service were related to any subsequent
complaints that the veteran had at this time.
In order for the veteran's claim of entitlement to service
connection for a back disability to be well grounded, he must
submit medical evidence that he currently has a back
disability and that it is related to his active service.
There is no competent medical evidence of record that
reflects that the veteran currently has chronic disability of
the back. The competent medical evidence indicates that the
veteran's complete spine is currently entirely normal. The
veteran has offered statements, that are presumed credible
for purposes of this decision, identifying aches or pain in
his back that he believes are related to service, but he is
not qualified, as a layperson, to establish a medical
diagnosis or show a medical etiology merely by his own
assertions, as such matters require medical expertise. See
Grottveit and Espiritu. The Board therefore concludes that
without the requisite competent medical evidence establishing
that the veteran currently has a chronic back disability, the
claim of entitlement to service connection for a back
disability is not well grounded. Caluza.
The Board views its discussion as sufficient to inform the
veteran of the elements necessary to complete his claim for
disability compensation for the above-discussed disability.
Robinette v. Brown, 8 Vet. App. 69 (1995).
ORDER
Evidence of a well-grounded claim for entitlement to service
connection for a back disability not having been submitted,
the appeal is denied.
U. R. POWELL
Member, Board of Veterans' Appeals
Department of Veterans Affairs